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Post-Brexit new U.K. Start-Up and Global Talent Visa

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Everything you need to know about Start-Up Visa and Global Talent Visa

Since the referendum campaign on Brexit, “Global Britain” has been one of the expressions most used by Prime Minister Boris Johnson. This was followed up by the introduction of Two visa routes- The Start-Up Visa and The Global Talent Visa.

What is a Start-Up Visa?

A Start-up Visa is a new visa route in the UK that allows entrepreneurs from outside the European Economic Area (EEA) and Switzerland to set up a business in the UK. The route replaced the previous Tier 1 (Graduate Entrepreneur) visa and is mainly aimed at entrepreneurs looking to establish a business for the first time. The start-up must be something that is different from anything else on the market.

Eligibility

  • The applicant must show, in a business plan, that their business idea is:
  • Innovative- The applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage.
  • Viable. The applicant has the necessary skills, knowledge, experience, and market awareness to successfully run the business.
  • Scalable. There is evidence of structured planning and of potential for job creation and growth into national and international markets.
  • The applicant must be endorsed by an authorised body that is either:
  • UK higher education institution
  • Business organisation with a history of supporting UK entrepreneurs who might have additional charges for bespoke support.

Requirements

  • The applicant must be at least 18 years old
  • The applicant must not be currently holding an established business in the UK (unless the applicant previously held leave as a Tier 1 Graduate Entrepreneur).
  • The applicant must be endorsed and approved by the UK endorsing body that has assessed your business idea for innovation, viability, and scalability.
  • The endorsement letter of the applicant must be issued not more than 3 months before the date of the Start-up visa application.
  • The applicant must be capable of undertaking the work/business activity in UK as stated in the application.
  • The applicant must have at least £1270 in their bank account for 28 days preceeding the application or if in the U.K. for less than a year.
  • The applicant must meet the English requirement of B2  unless a national from an exempt country like the USA.
  • Do a tuberculosis test if required.
  • The applicant must not be in breach of any immigration laws and or fall for refusal under the general grounds. This can include family members as well.

Process

  • Once the Start-Up Migrant visa is granted, the applicant will need to keep in touch with their endorsing body after 6 and 12 months.
  • The endorsing body must satisfy themselves that the applicant is progressing with their business or are pursuing a new business idea which is also innovative, viable and scalable. If the endorsing body is not satisfied with the progress, they can withdraw their endorsement, which means that the applicant’s Start-Up Migrant visa is curtailed.
  • The visa will be granted for a set period of two years, or the remaining balance of two years if the applicant has previously held leave in the Tier 1 (Graduate Entrepreneur) or start-up categories. At the end of the two years the person can switch into the innovator category based on the same business idea, provided they can still obtain an endorsement.

What is a Global Talent Visa?

The Global Talent Visa replaces the Tier 1 (Exceptional Talent) route and for the first time UK Research and Innovation (UKRI) will endorse talented and promising individuals in the field of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) wishing to work in the UK. Applications must be made within 3 months of the endorsement.

Eligibility & Requirements

  • The applicant must secure an endorsement from one of the endorsing bodies-
  • The Royal Society, for science and medicine
  • The Royal Academy of Engineering, for engineering
  • The British Academy, for humanities
  • Tech Nation, for digital technology
  • Arts Council England, for arts and culture
  • UK Research and Innovation (UKRI), for research applicants
  • For those who qualify under fashion, architecture or film and television, arts will pass on the endorsement application for review to
  • British Fashion Council, for fashion
  • Royal Institute of British Architects (RIBA), for architecture
  • Producers Alliance for Cinema and Television (PACT), for film and television.
  • The applicant must not be in breach of any immigration laws and or fall for refusal under the general grounds. This can include family members as well.
  • The applicant does not need to have a maintenance funds requirement.
  • The applicant needs to pay a health surcharge and do a tuberculosis test if applicable.
  • The applicant must meet the English requirement (IELTS 5.5)

Process

  • It can take up to 3 weeks (if the applicant is outside UK) or 8 weeks (if the applicant is in UK).
  • If the endorsement is refused, you may be able to apply for an Endorsement Review from the relevant endorsement body. The endorsement review request must be submitted online. The deadline is 28 days from the date of receipt of the refusal decision. The review normally takes around 28 days from the date of submission. Only one review per decision can be submitted.
  • If approved, the applicant will be provided a visa for a maximum of 5 years, granted in a single application and can lead to settlement in the U.K. Family applies separately.
  • The visa can be extended from 1 to 5 years each time, provided the applicant shows earnings in the filed of expertise and the endorsement has not been withdrawn.
  • The main requirement for extension of the visa is that the original endorsement should not be withdrawn by the endorsing body and the applicant must have earned money in their respective expert field.

For assistance on visas for coming to the UK, contact help@bizlawuk.co.uk or WhatsApp us on 07583452230. Visit www.bizlawuk.co.uk to find out more about how we can help you with our other services.

Reina D'costa

Dual qualified, experienced, practical and proactive solicitor. Founder of Bizlaw UK, a new model legal service consultancy.